Terms and Conditions

1. NATURE OF THE PLATFORM

HEAVEX acts as: (1) A B2B marketplace connecting buyers and sellers of heavy machinery. (2) Technological infrastructure for technical validation, traceability, escrow payments and integrated services. (3) A digital intermediary, not as owner, seller or buyer of machinery, unless expressly indicated otherwise.

HEAVEX is not a party to the sale contract between buyer and seller, except where expressly indicated otherwise.

2. REGISTRATION, ACCOUNT AND REPRESENTATION

2.1 B2B Users: The Services are intended exclusively for companies, legal entities or professionals acting within a commercial, industrial or mining activity.

2.2 Accurate information: The user declares that all information provided is true, complete and up to date, and has sufficient authority to represent the registered company.

2.3 Account responsibility: The user is responsible for: (1) The use of their account. (2) The confidentiality of credentials. (3) All actions carried out from their account. HEAVEX may suspend or cancel accounts in the event of false information, misuse or breach of these Terms.

3. MACHINERY LISTINGS

The seller is solely responsible for the information published about the machinery, including: general condition, documentation, location, ownership and authority to sell.

HEAVEX may: (1) Request additional information. (2) Reject, suspend or remove listings. (3) Require technical inspections as a condition for listing or selling.

4. TECHNICAL INSPECTIONS AND VALIDATORS

4.1 Role of the Validator: Inspections are carried out by independent technical validators certified by HEAVEX.

4.2 Scope of the report: Reports: (a) Reflect the observable condition of the machinery at the time of inspection. (b) Do not constitute an absolute guarantee or certification of future performance.

4.3 Limitation of liability: HEAVEX does not guarantee that the inspection will detect all visible or hidden defects, nor is it liable for subsequent use of the machinery.

5. PAYMENTS, ESCROW AND RELEASE OF FUNDS

5.1 Custody of funds: Where applicable, payments will be made through an external escrow provider.

5.2 Release conditions: Funds will be released in accordance with: (1) Confirmation of delivery. (2) Validations agreed between the parties. (3) Escrow provider rules. Heavex does not hold funds directly, unless expressly indicated.

6. INTEGRATED THIRD-PARTY SERVICES

HEAVEX may offer access to third-party services, including: (1) Logistics. (2) Financing. (3) Insurance. (4) Extended warranties. These services are provided under the provider's own terms. Heavex assumes no liability for their performance.

7. PRICES, COMMISSIONS AND BILLING

HEAVEX may charge: transaction commissions, inspection fees, memberships or other services. Prices may vary, are disclosed before engagement and do not include taxes unless otherwise stated.

8. INTELLECTUAL PROPERTY

All Heavex content (software, brands, texts, designs, AI, digital twins, blockchain, reports) is the property of Heavex or its licensors.

Reproduction, exploitation or unauthorized use is prohibited.

9. PROHIBITED USE

It is prohibited to use Heavex for: evading commissions, fraud, simulation or deception, contacting users outside the platform to close deals and avoid Heavex, or breaching applicable laws. Non-compliance may result in immediate suspension or cancellation.

10. DISCLAIMER OF WARRANTIES

The Services are provided "as is" and "as available".

HEAVEX does not guarantee: that machinery will work without defects, that transactions will be completed, or economic results. None of the above affects non-waivable rights under the law.

11. LIMITATION OF LIABILITY

To the maximum extent permitted by law, HEAVEX shall not be liable for: indirect or consequential damages, loss of profits, contracts or data, or acts or omissions of buyers, sellers or validators.

12. INDEMNIFICATION

The user agrees to indemnify HEAVEX for any claim arising from: misuse of the platform, false information, or legal or contractual breach.

13. TERMINATION

HEAVEX may suspend or terminate access at any time in the event of breach. Pending obligations shall survive.

14. GOVERNING LAW AND JURISDICTION

These Terms are governed by the laws of the Republic of Chile.

The parties submit to the Ordinary Courts of Justice of Santiago, without prejudice to applicable mandatory rules.

15. MODIFICATIONS

HEAVEX may modify these Terms by publishing an updated version.

Continued use implies acceptance.